King v. Scott

The security for cost's of the appeal recites that it is taken from the judgment of the court granting the motion for a new trial to plaintiff, and the citation of appeal is to like effect. There is no bill of exceptions to elucidate the issues before the court and the action on the motion in granting a new trial to plaintiff.

The right to appeal from the action of the trial court on the motion for a new trial is of statutory origin (section 6088, Code [Gen. Acts Sept. 22, 1915, p. 722]) and subject to the reasonable limitations and presumptions declared thereof. The apparent conflict with…